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Backup Documents 07/09/2013 Recap COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority `)%i1 L /r • r r,f _ e AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 July 09, 2013 9:00 AM Georgia Hiller - BCC Chairwoman; BCC Commissioner, District 2 Tom Henning - BCC Vice-Chairman; BCC Commissioner, District 3 Donna Fiala - BCC Commissioner, District 1; CRAB Vice-Chairman (Telephonically) Fred W. Coyle - BCC Commissioner, District 4 Tim Nance - BCC Commissioner, District 5; CRAB Chairman NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE EXECUTIVE MANAGER TO THE BCC PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. Page 1 July 9, 2013 REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL, SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Beverly Duncan - Naples United Church of Christ B. Motion allowing Commissioner Fiala to participate in the meeting telephonically. Approved — 4/0 2. AGENDA AND MINUTES A. Approval of today's consent agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) Approved and/or Adopted w/changes—Approved 5/0 B. Approval of today's summary agenda as amended (Ex Parte Disclosure provided by Commission members for summary agenda.) Page 2 July 9, 2013 Adopted w/changes—Adopted 5/0 C. Approval of today's regular agenda as amended. Approved and/or Adopted w/changes — Approved 5/0 D. June 11, 2013 - BCC/Regular Meeting Approved as presented — Approved 5/0 3. SERVICE AWARDS A. 20 Year Attendees 1) Robert Nese, Pelican Bay Services Presented B. 25 Year Attendees 1) Tania Delgado, Transportation Engineering Presented 4. PROCLAMATIONS (One Motion taken to Adopt All Proclamations) A. Proclamation designating August 10, 2013 as Spirit of'45 Day in Collier County. To be accepted by Spirit of'45 committee members Peter Thomas, Colonel Nick Hale, Peg Buxton, Myra Williams, Lois Bolin and Greg Garcia. Sponsored by Commissioner Coyle. Adopted — 5/0 B. Proclamation recognizing Dr. Philip Stansly for his research and efforts to resolve the citrus greening disease problem to protect the citrus industry in Florida and Collier County. To be accepted by Dr. Philip Stansly, Professor of Entomology, University of Florida/Immokalee Research Center. Sponsored by Commissioner Hiller. Adopted — 5/0 C. Proclamation designating July 9, 2013 as Marla Ramsey Day in Collier County in recognition of her many contributions to the community. Sponsored by Commissioner Hiller. Adopted — 5/0 Page 3 July 9,2013 D. Proclamation designating July 9, 2013 as Thomas E. Kuck Remembrance Day in Collier County. Sponsored by Commissioner Hiller. Adopted — 5/0 5. PRESENTATIONS A. Recommendation to recognize Sonja Sweet, Benefits Analyst, Risk Management, as the Employee of the Month for June 2013. Presented B. Presentation of the Collier County Business of the Month for July 2013 to John R. Wood Realtors. To be accepted by Phil Wood. Presented Added (Per Commissioner Hiller during Agenda Changes) C. Presentation of the Adrenaline Soccer Team Presented 6. PUBLIC PETITIONS 7. PUBLIC COMMENTS ON GENERAL TOPICS A. Kingman Schultz—Isles of Capri Fire consolidation discussion update; Motion for County Attorney and County Manager to talk with Isles of Capri MSTU and East Naples Fire regarding merging at the current millage rate (1.5) and consolidating debit—Approved 5/0 B. Bob Krazowski—Beach renourishment effects on turtle nesting Item 8 to be heard no sooner than 1:00 pm unless otherwise noted. 8. BOARD OF ZONING APPEALS Item 9 to be heard no sooner than 1:00 pm unless otherwise noted. 9. ADVERTISED PUBLIC HEARINGS 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Collier County Planning Commission. Page 4 July 9, 2013 Resolution 2013-159: Appointing Michael David Rosen to the Collier County Planning Commission as the District 2 Representative (for a term expiring October 1, 2016) —Adopted 5/0 B. Appointment of member to the Environmental Advisory Council. Resolution 2013-160: Reappointing Andrew Dickman (for a term expiring July 28, 2017) — Adopted 5/0 C. Recommendation to accept the Medical Director's self-appraisal and the performance evaluations of members of the Public Safety Authority and to conduct a performance evaluation for the Medical Director in accordance with the terms of his contract. Motion to accept the Medical Director's self-appraisal — Approved 5/0; Motion to continue the performance evaluation by the Public Safety Authority to the Board's second meeting in September and for staff to revise the appraisal form and criteria currently used for performance evaluations — Approved 5/0 Added (Per Agenda Change Sheet) D. Recommendation the Board of County Commissioners direct staff to research the following economic development tools as part of the overall development program for the county and bring back recommendations to the board in October 2013: 1) Consider developing a public-private partnership with the Chamber of Commerce with the county providing an operational, performance-based subsidy conditioned upon the Chamber agreeing to implement an economic development program that will serve to recruit businesses to Collier county, and, that such a Chamber program shall be led by a new Chamber executive director that has demonstrated marketing and sales skills, along with a proven track record in economic development transactions. The county would then shift its focus from business recruitment to administrative facilitation and backing. It is suggested the County Manager meet with the new incoming Chamber Chair and new executive director to discuss such a partnership. Further consider hiring a consultant with knowledge of public-private economic development partnerships to model relationships and recommend how new business would be recruited through such a partnership. 2) Consider the following economic development incentives that do not require an outlay of public tax dollars and as such will not result in an increase in taxes, nor a shift in existing program support: (A) Property Tax Abatement - Both constitutionally and statutorily allowed, this program would allow property tax abatement from Page 5 July 9,2013 1 year to up to 10 years with BCC approval, awards based on job creation and/or possibly capital investment. Requires referendum approval by tax payers. Already in place in numerous competing Florida counties. Consider that if business is not drawn to the county, then tax revenue wouldn't be generated; therefore the county is net gaining tax revenues it would otherwise not have in the long run. (B) Short Term Moratorium Countywide of Commercial Impact Fees - Consider fee credits for all commercial development to encourage new business growth to allow increased employment opportunities and future growth in property tax revenue. Again, if a business won't come to and/or build in the county because fees are a major impediment then future tax revenue is forfeited and employment opportunities are lost. The amount of impact fees exempted would be about $2-$3 million which will be rapidly paid back by future property taxes the new property will generate. The net result is a positive increase in overall county revenue. (C) Real Estate Data Base and Rent Abatement Program - that the county have its professional real estate department in conjunction with its outside commercial brokers list all commercial properties and land available for sale in Collier county on the county's website, much like Lee County has done. Further, that staff develop a short-term rent abatement program for emerging or recruited businesses that need to be housed pending construction or improvement of their new facilities. Incentivize based on job creation. To ensure that these programs have the intended long term financial benefit to the county, it's recommended that an outside consultant be retained to pro forma the return on these programs. Hiring a highly regarded consulting firm like a McKinsey, Boos or a Big 4 firm to quantify the impact of these incentives would help the BCC and staff develop an incentive program with substantive impact. 3) Federal and State Grant Procurement - The county does not currently have a fully developed federal and state grant procurement program directed at economic development. To the end that the county will be bringing in a consultant to aid in developing its grant administration operations, there should be an overlap with the county's Office of Economic Development to allow that office to know that economic development grants will be professionally administered. For example, seeking grant funding for the construction of incubator facilities, economic development marketing etc. should be aggressively pursued. Motion to accept as presented — Approved 3/2 (Commissioner Coyle and Commissioner Fiala opposed) 11. COUNTY MANAGER'S REPORT Page 6 July 9, 2013 A. Recommendation to adopt a resolution establishing Proposed Millage Rates as the Maximum Property Tax Rates to be levied in FY 2013/14 and Reaffirm the Advertised Public Hearing dates in September, 2013 for the Budget approval process. (Mark Isackson, Director, Corporate Financial Planning and Management Services) Resolution 2013-161 —Adopted 5/0 B. This item to be heard at 11:00 a.m. Recommendation to reject the response from Great Lakes Dock and Dredge (GLDD) to Invitation to Bid (ITB) #13-6076R, "Collier County Beach Renourishment Project" and postpone hydraulic beach renourishment one to two years until competitive market conditions stabilize. This option includes the possibility of executing emergency truck haul renourishment as conditions warrant. (Gary McAlpin, Manager, Natural Resources/Growth Management Division) Motion to declare an emergency, waive the competitive bid process and accept truck-haul Option #3, avoiding turtle nesting, for full renourishment of the Vanderbilt Beach area —Approved 5/0; Motion to declare an emergency, waive the competitive bid process and accept truck-haul Option #2 for renourishment of hot spots and areas affected by TS Faye only for the Park Shore area — Approved 4/0 (Commissioner Henning absent); Motion to declare an emergency, waive the competitive bid process and accept truck-haul Option #2 for renourishment of hot spots and areas affected by TS Faye only for the City of Naples area —Approved 4/0 (Commissioner Henning absent) Motion to reject the Great Lakes Dock and Dredge Bid was taken under Item #15 during Staff and Commission General Communications Moved from Item #16F3 (Per Agenda Change Sheet) C. Recommendation to approve Change Order #5 to Contract #10-5541 with Paradise Advertising and Marketing, Inc. for Tourism Marketing Services to reflect a requested increase for marketing services for the Office of Business and Economic Development in the amount of$75,000 and authorize the Chairwoman to execute the Change Order. Motion for the County Manager and Director of the Office of Business and Economic Development to work together on creating an Invitation to Bid soliciting for a new tourism marketing services provider Approved — 4/0 (Commissioner Coyle absent) 12. COUNTY ATTORNEY'S REPORT Page 7 July 9, 2013 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 9:30 a.m. Presentation by the Clerk of the Circuit Court regarding Audit Report 2013-5 Tourism Assets, Revenues, and Expenditures Review (formerly Audit Report 2011-2). Presented and Discussed B. This item to be heard immediately following #13A. Presentation by the Clerk of the Circuit Court's Office regarding Interim Audit Report 2013-6 Tourism Department Limited Scope: Tourist Development Tax (TDT) Revenue — Grant Applications Fiscal Year 2011-2012 (formerly Interim Audit Report 2011-2A). Presented and Discussed 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT Withdrawn (Per Commissioner Henning during Agenda Changes) 1) Recommendation to direct the Airport Authority Executive Director to modify the Immokalee and Everglades Airport operations by September 2, 2013 to reduce the airport budget deficit and move the Immokalee Regional Airport towards self-sufficiency, and for the Executive director to develop an operations plan and financial review report to achieve the following: (1) staff reduction plan at the Immokalee Regional Airport from 5 FTE to 1.5 FTE and/or not encumbering any more than $129,000 in burdened salaries for staff and to provide a written feasibility analysis reducing Everglades Airport staff level to .5 FTE; (2) Analyze adopting a ramp fee of$25 for Immokalee Regional Airport and a minimum fuel purchase of 5 gallons and other reasonable fee adjustments that might increase revenues; (3) Adopt a single flowage fee for fuel regardless of volume or fuel source; (4) Consider purchasing fuel for all airports as part of the bid purchase price of the City of Naples Airport Authority if it reduces price and is acceptable to their contractor; and (5) Implement a pre-paid fuel card program to increase funds collected in advance, eliminate full-service fueling and develop a related discount plan for $50,000 and $100,000 pre-purchase fuel cards. (Commissioner Henning) Page 8 July 9, 2013 2) This item to be heard at 10:00 a.m. As recommended by Commissioner Henning, I am providing an operations plan and financial review report to modify the Immokalee and Everglades Airport operations by September 2, 2013 to achieve the following: (1) staff reduction plan at the Immokalee Regional Airport from 5 FTE to 1.5 FTE encumbering no more than $128,949 and moving the administrative secretary to a part-time position available with the Airport Authority Administration to maintain financial levels of service for all airports; (2) Reduce staff from 1 FTE to .5 FTE at Everglades Airport and provide a feasibility analysis for potentially reduced operations; (3) Analyze adopting a ramp fee of$25 for Immokalee Regional Airport and its effects on airport usage and move forward immediately with a minimum fuel purchase of 5 gallons; (4) Adopt a single flowage fee of 25 cents for fuel regardless of volume or fuel source to increase revenues; (5) Review the ability to end the fueling contract with World Fuels without penalty and consider purchasing fuel for all airports as part of the bid purchase price of the City of Naples Airport Authority if it reduces price and is acceptable to their contractor and/or if prices are not lower remain with World Fuels; and (6) Implement a pre-paid fuel card program beginning in September to increase funds collected in advance and develop a related discount plan for the $50,000 and $100,000 pre-purchase fuel cards and analyze the level of full-service fueling that would remain available by having a working General Manager and/or staff provide this service with a reduced staff level. Presented; Motion to accept the plan as presented without implementing Item (6) the pre-paid fuel card program and directing the Airport Authority to work together with Risk Management regarding airport tenant requirements— 4/1 (Commissioner Coyle opposed) 3) Recommendation that the Board, Acting as the Airport Authority, accepts Inspection Results of KPK Management, Inc., which is now in compliance. Motion to approve—Approved 5/0 B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Page 9 July 9, 2013 A. Current BCC Workshop Schedule B. Mr. Ochs — Board's November and December meeting schedule C. Jeff Klatzkow— Litigation w/Quality Enterprises; Motion for County Attorney to attend the upcoming mediation meeting — Approved 4/0 (Commissioner Coyle absent) D. Commissioner Henning—Motion to reject Item #11C, the Great Lakes Dock and Dredge Bid #13-6076R— Approved 4/0 (Commissioner Coyle absent) E. Commissioner Hiller— Memorializing items discussed and direction given in the Board's Workshop F. Commissioner Hiller— Concerned about school safety and the current shortage of deputies in schools requesting the County Manager bring back a reserve policy regarding this matter to the Board G. Commissioner Hiller— Motion to adjourn —Approved 3/0 (Commissioner Coyle and Commissioner Henning absent) 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted w/changes— 5/0 A. GROWTH MANAGEMENT DIVISION 1) Recommendation to authorize the Clerk of Courts to release a Excavation Performance Bond in the amount of$35,140 to the Project Engineer or Developer's designated agent for Arthrex Commerce Park PL20110000783. Located in Section 17, Township 48 South, Range 29 East 2) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Esplanade at Hacienda Lakes Phase One, (Application Number PL20120002539) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Located in Section 23, Township 50 South, Range 26 East Page 10 July 9,2013 3) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Canopy, (Application Number PPL-PL20120002575) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Located in Section 35, Township 48 South, Range 26 East 4) Recommendation to approve a Mediated Settlement Agreement with property owner, Luis Del Risco, and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as to full and final compensation in the amount of$68,000, and attorney fees and expert witness costs in the combined amount of$38,762 for Parcel 127RDUE in the lawsuit styled Collier County v. Annette Pocchi, et al., Case No. 10-2682-CA (Collier Boulevard Project #68056). (Fiscal Impact: $52,332). Regarding a right of way, drainage, and utility easement taken from a property front on White Boulevard that included a decorative masonry wall, trees, smaller bushes and sod 5) Recommendation to adopt a Resolution to hold a public hearing to consider vacating a portion of the 10-foot Utility Easement located in Lot 48, Royal Cove, as recorded in Plat Book 8, Page 13 of the Public Records of Collier County, Florida, located in Section 15, Township 48 South, Range 25 East, Collier County Florida. [Application No. AVPLAT-PL20130000978] Resolution 2013-150 6) Recommendation to approve the release of the Utility Performance Security Bond and Final Obligation Bond in the total amount of $6,571.80 to the Project Engineer or the Developer's designated agent for The Rookery at Marco Starter Hut, PL20110002788. Located in Section 14, Township 51 South, Range 26 East 7) Recommendation to approve a budget amendment in the amount of $16,797.11 to recognize and appropriate revenues from traffic accident reimbursements in Landscape Project Fund (112), Project #60076.1 (Traffic Accidents and Turnlanes). To repair damages to landscaped medians from traffic accidents Page 11 July 9,2013 8) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Veronawalk Townhomes Phase Two, Replat, (Application Number FPPL20130000629). Located in Section 26, Township 50 South, Range 26 East 9) This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Naples Reserve, Phase I, (Application Number PPL-PL20120002540) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W/Stipulations 10) Recommendation to award Request for Proposal (RFP) #13-6062, Annual Contract for Landscape Maintenance Vendors, and authorize the Chairwoman to sign contracts with four vendors: Florida Land Maintenance, Inc., Hannula Landscaping and Irrigation, Inc., Leo Jr. Lawn and Irrigation Services, LLC and Signature Tree Care LLC. To maintain approximately 100 miles of county road medians 11) Recommendation to adopt a Resolution to hold a public hearing to consider vacating the 15-foot water easement as recorded in Official Record Book 1543, page 1026, of the Public Records of Collier County, Florida, also being a part of Section 1, Township 49 South, Range 25 East, Collier County, Florida. (Petition VAC- PL20130001023) Resolution 2013-151 12) Recommendation to adopt a Resolution to hold a public hearing to consider vacating a portion of the 10-foot drainage easement, being a part of Lots 2, 3 and 4 of Lely Barefoot Beach, Unit Two, recorded in Plat Book 15, pages 71 through 72 of the Public Records of Collier County, Florida, also being a part of Section 6, Township 48 South, Range 25 East, Collier County, Florida. (Petition VAC- PL20130000419) Resolution 2013-152 Page 12 July 9, 2013 Withdrawn (Per Agenda Change Sheet) 13) Recommendation to acknowledge and allow the owners of 2210 Vanderbilt Beach Road, LLC to proceed at their own risk with alterations of existing non-conforming signage on their property for new tenants, while seeking a variance from the existing sign regulations. 14) Recommendation to approve and authorize the Chairwoman to sign an Agreement between Collier County and the Wyndemere Homeowners Association permitting improvements within County right-of-way and insuring that the community will maintain the improvements in accordance with the provisions of the Agreement. County will contribute $5000 of in-kind services and materials towards this project with no right-of-way permit fee applied 15) Recommendation to adopt a resolution superseding Resolution 2013- 06 establishing the Collier County Growth Management Division/Planning and Regulation Fee Schedule for development- related review and processing fees pursuant to Section 2-11 of the Collier County Administrative Code. Resolution 2013-153 16) Recommendation to authorize a budget amendment in the amount of $80,000 to support the FY2013 budget established for the Office of the Hearing Examiner. 17) Recommendation to approve the prioritization of the first five limerock roads for the purpose of limerock road conversion from the Road Maintenance resurfacing program in the Road Construction - Gas Tax Capital Fund 313 (Project #60128) and in the GAC Trust Road Fund 606, at an estimated cost of$276,000. Roads include 39th Ave, NE of Everglades Blvd; 4th Ave, NE of Desoto Blvd; 66th Ave NE, west of Everglades Blvd; 39th Ave NW, west of Wilson and 40th Ave SW, west of Everglades Boulevard 18) Recommendation to approve the release of lien in the amount of $40,412.20 for payment of$562.20, in the Code Enforcement Action entitled Board of County Commissioners vs. Larry D. Shipman, Code Enforcement Case Number CENA20110007164, relating to property located at 4591 Pine Ridge Road, Collier County, Florida. Page 13 July 9, 2013 Based on fines for a non-compliance period of 430 days pertaining to litter which was brought into compliance on March 8, 2013 19) Recommendation to authorize a counteroffer of$150,000 to the business damage claim made by Circle K Stores, Inc., for Parcels 108FEE, 108TCE1 and 108TCE2 in the lawsuit styled Collier County v. H & V Realty, et al, Case No. 13-CA-461 (U.S. 41 / Collier Boulevard Intersection Improvement Project No. 60116) (Fiscal Impact $150,000). Claiming permanent closing of an existing business due to the taking of the right-of-way 20) Recommendation to authorize a counteroffer of$350,000 to the business damage claim made by Holiday CVS , LLC, for Parcels 116FEE, 116TCE1, 116TCE2 and 116TC3 in the lawsuit styled Collier County v. RTG, et al, Case No. 13-CA-259 (U.S. 41/Collier Boulevard Intersection Improvement Project No. 60116) (Fiscal Impact $350,000). Claiming permanent closing of an existing business due to the taking of the right-of-way 21) Recommendation to direct the County Manager to prepare an amendment to Ordinance Number 2009-22 to extend the state of local economic emergency; tolling to May 12, 2014 the PUD time limits and time limit extension requirements as found in Section 10.02.13.D of the Collier County Land Development Code (LDC). 22) Recommendation to (1) find the Executive Summary's Option #3 Ultimate at grade improvement for the intersection of 951/Broken Back Road and Immokalee Road is consistent with and fulfills a condition set forth in the Heritage Bay PUD/DRI and accompanying DCA; and (2) direct staff to negotiate a developer agreement which would implement Option #3, and bring back to the Board for review and approval of the developer agreement, which would create a public/private coordinated planning and construction concept for these improvements. Fulfilling the conditions set in the Heritage Bay PUD/DRI 23) Recommendation to appoint Clarence Tears to the RESTORE Page 14 July 9, 2013 Evaluation Committee as an Alternate to Mayor Sammy Hamilton representing Everglades City. Resolution 2013-154 B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to reject all bids received in response to Invitation to Bid #13-6022 for Immokalee MSTU Roadway Landscape Maintenance. C. PUBLIC UTILITIES DIVISION 1) Recommendation to award Invitation to Bid #13-6102, Naples Manor Phase I Water Main Replacement to Kyle Construction, Inc., for $973,090.20 and authorize the Chairwoman to execute a County Attorney approved contract. Rehabilitating the potable water distribution system 2) Recommendation to approve a work order under Request for Quotation #08-5011-91 in the amount of$256,130 to Haskins, Inc., for Underground Utility Contracting Services for Wastewater Pump Station 312.21, Rehabilitation Project Number 70046, and to authorize the necessary budget amendment. Rehabilitating the wastewater collection system 3) Recommendation to approve a work order under Request for Quotation #08-5011-92 in the amount of$399,193.12 to Quality Enterprises USA, Inc., for Underground Utility Contracting Services for Wastewater Pump Station 312.24 Rehabilitation Project Number 70046, and to authorize the necessary budget amendment. Rehabilitating lift stations 4) Recommendation to approve a work order under Request for Quotation #08-5011-95 in the amount of$474,026.50 to Haskins, Inc., for replacement of the sanitary sewer system serving the Regent Park subdivision, Project Number 70043. Rehabilitating the wastewater collection system 5) Recommendation to approve separate Work Orders to Douglas N. Page 15 July 9, 2013 Higgins, Inc., under the Fixed-Term Underground Utilities Contract #08-5011, in the total amount of$500,039 for the replacement of air release valves under Project Number 70044, Force Main Technical Support, and to authorize the necessary budget amendment. Replacing old, deteriorated air release valves and raising them above ground on secure pedestals 6) Recommendation to approve the Utility Easement Agreement with CDC Land Investments, Inc., to accommodate relocation of Master Pumping Station 306.00 for a total cost not to exceed $132,250, Project Number 70050. Replacing and rehabilitating equipment approximately 25 years old and complying with Collier County Utility Standards 7) Recommendation to approve the Utility and Access Easement Agreements with Collier Land Development, Inc., and Minto Sabal Bay, LLC, for the acquisition of the Utility Easements to accommodate the construction of a wastewater force main for a total cost not to exceed $18,300, Project Number 70044. Meeting anticipated system demands throughout the subdivision 8) Recommendation to approve selection committee rankings and enter into negotiations with Johnson Engineering, Inc., for a contract for Request for Proposal No. 13-6078, "Utility Design Engineering Services - U.S. 41 from Greenway Road to 6L's Farm Road," Project Numbers 70045 and 73045. For water and wastewater infrastructure relocation D. PUBLIC SERVICES DIVISION 1) Recommendation to approve an amendment to the Developer Agreements with Habitat for Humanity of Collier County, Inc. for the Neighborhood Stabilization Program 3 (NSP3); approve an amendment to the NSP3 Action Plan to allow for the associated Developer Agreement change in order to assure 100% grant expenditure; and authorize a corresponding budget amendment. (Fiscal Impact $428,000). Assisting low to middle income families within the community Page 16 July 9,2013 2) Recommendation to approve a US Department of Agriculture Control of Agricultural Land Agreement for cattle management improvements at Caracara Prairie Preserve. To improve the living conditions for cattle 3) Recommendation to award quote #13-6117R for the installation of automated gate improvements at the Collier Area Transit facility at 8300 Radio Road to FA Remodeling and Repairs, Inc., in the amount of$56,413. For security enhancements at the CAT Operations facility 4) Recommendation to approve an extension of Contract No. 11-5621 "Design for CAT Passenger Transfer Facility" with Atkins North America, Inc., in order to add time to allow for final design, permitting and construction services. With the completion date expected to be December 3, 2013 Moved from Item #17D (Per Agenda Change Sheet) 5) Recommendation to approve a budget amendment recognizing and appropriating $128,900 of unbudgeted carryforward in the Museum operating fund to initiate building repairs and provide enhanced services and facilities for the public. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to award Invitation to Bid (ITB) #13-6089 to Compass Construction, Inc., in the amount of$537,388 for modification of the existing building at the Port of the Islands Marina to accommodate Ochopee Fire District Station #61, Project#50069 and authorize the Chairwoman to execute the County Attorney approved standard contract. 2) Recommendation to approve additions, deletions, and reclassifications to the 2013 Fiscal Year Pay and Classification Plan made from April 1, 2013 through June 30, 2013. Ratifying one new classification, three reclassifications and deleting three classifications 3) Recommendation to approve an assumption agreement with Seminole Tribe of Florida, Inc.; assume Contract #07-4180 "Gasoline and Page 17 July 9, 2013 Diesel Fuel" and ITB #10-5581 "Motor Oils, Lubricants and Fluids," and; waive purchasing policy to purchase gasoline and diesel fuel from Seminole Tribe of Florida, Inc., without formal bidding, to refuel County vehicles at the Seminole Tribe of Florida, Inc. commercial refueling site at South Horseshoe Drive, and; retroactively approve payment for all purchases made with Seminole Tribe of Florida, Inc. since May 31, 2013. Previously Evans Energy Partners, LLC 4) Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. For the period of May 23, 2013 through June 18, 2013 5) Recommendation to approve and authorize the Chairwoman to sign an amendment to Contract #08-5009 with Hyland Software Inc. for continued support of the existing Sire Agenda, Electronic Content Management System, and Electronic Plan Submittal System. Extending the contract to September 1, 2018 6) Recommendation to approve an aircraft liability insurance limit for tenants engaging in aircraft hot refueling activities at Collier County airports in the minimum amount of$1,000,000. 7) Recommendation to recognize and appropriate the revenues for Special Services to the Facilities Management Department Cost Center and approve all necessary Fiscal Year 2012-2013 Budget Amendments. Defined as beyond the scope of routine and-regular maintenance 8) Recommendation to approve and execute an Agreement to approve the donation of equipment from Big Corkscrew Island Fire Control and Rescue District to Golden Gate Fire Control and Rescue District under the Golden Gate Estates Land Trust 1983 Agreement. A truck cab and chassis 9) Recommendation to approve and authorize the Chairwoman to execute a Settlement Agreement with the Florida Department of Health to settle an administrative case captioned Florida Department of Health v. Collier County (DOAH Case No.:13-001087) with Page 18 July 9,2013 County agreeing to pay a $2,000 administrative fine and receive a reprimand; however with no admission of liability. As detailed in the Executive Summary F. COUNTY MANAGER OPERATIONS 1) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2012-13 Adopted Budget. Resolution 2013-155 2) Recommendation to adopt a resolution fixing the date, time and place for the Public Hearing for approving the Special Assessment (Non-ad valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit. Resolution 2013-156 Moved to Item #11C (Per Agenda Change Sheet) 3) Recommendation to approve a Change Order #5 to Contract #10-5541 with Paradise Advertising and Marketing, Inc. for Tourism Marketing Services to reflect a requested increase for marketing services for the Office of Business and Economic Development in the amount of $75,000 and authorize the Chairwoman to execute the Change Order. 4) Recommendation that the Board of County Commissioners approve a budget amendment in an amount up to $420,600, and approve payment for detention services by the Florida Department of Juvenile Justice (DJJ) For services during the of remainder of FY13 G. AIRPORT AUTHORITY 1) Recommendation that the Collier County Airport Authority grant the Executive Director authority to work with the Solid and Hazardous Waste Management Department to obtain possible funding to resolve a petroleum discharge cleanup at Marco Island Airport. As detailed in the Executive Summary 2) Recommendation that the Board of County Commissioners, acting in its capacity as the Collier County Airport Authority, approve and Page 19 July 9,2013 authorize the Airport Authority's Executive Director to execute the Letters of Understanding with Phillips 66 for the airports to be included, free of charge, in the Phillips 66-Branded Airport Dealers Excess Liability Insurance Program. 3) Recommendation to approve a Travel Request in the amount of$181 for the Airport Authority Executive to meet with Florida Department of Transportation in Bartow, Florida. For the review of runway rehabilitation projects at the Marco Island Executive and Immokalee Regional Airports H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the East Naples Kiwanis Club breakfast on June 7, 2013. The sum of$10 to be paid from Commissioner Fiala's travel budget. Held at the International House of Pancakes on Davis Boulevard I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to provide approval to designate the Sheriff as the official applicant and point of contact for the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (JAG) FY13 Local Standard grant, authorize the electronic submission of the application, accept the grant when awarded, approve associated budget amendments and approve the Collier County Sheriffs Office to receive an award and expend 2013 JAG Standard grant funds. 2) To obtain Board approval for disbursements for the period of June 13, 2013 through June 20, 2013 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of June 21, 2013 through June 27, 2013 and for submission into the official records of the Board. Page 20 July 9,2013 K. COUNTY ATTORNEY Added (Per Agenda Change Sheet) 1) Recommendation to approve and authorize the Chair to execute a Settlement Agreement and Amendment in the lawsuit entitled Collier County, et al., v. Florida Georgia Grove, LLP, et al., filed in the Twentieth Judicial Circuit in the and for Collier County, Florida (Case No, 11-1640-CA) and direct County staff to commence the process of vacating any claimed public right-of-way or prescriptive easement interest to a portion of Mamie Street. Located south of Chokoloskee Boulevard 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. Adopted w/changes — 5/0 A. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to disclaim, renounce and vacate the County and the public interest in a portion of the Drainage Canal Easement, recorded in Official Record Book 4385, page 3675 of the Public Records of Collier County, Florida, also being a part of Section 19, Township 50 South, Range 26 East, Collier County, Florida, and to accept the Dedication and Conveyance of easement for access and maintenance. [Petition VAC-PL20130000413] Resolution 2013-157 Page 21 July 9, 2013 B. Recommendation to adopt an ordinance amending Ordinance No. 2007-44, as amended, the "Collier County Consolidated Code Enforcement Ordinance," relating to the superiority of a lien on property imposed by an order of the Code Enforcement Board or the Special Magistrate. Ordinance 2013-49 C. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2012-13 Adopted Budget. Resolution 2013-158 Moved to Item #16D5 (Per Agenda Change Sheet) D. Recommendation to approve a budget amendment recognizing and appropriating $128,900 of unbudgeted carryforward in the Museum operating fund to initiate building repairs and provide enhanced services and facilities for the public. E. Recommendation that the Board enact the proposed ordinance amendments for the purpose of effectively merging the Environmental Advisory Council (EAC) into the Collier County Planning Commission (CCPC), and reducing the membership of the CCPC from 9 to 7 members, with 2 members being at-large environmental members. Ordinance 2013-50 (CCPC) Ordinance 2013-51 (EAC) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 22 July 9,2013